Page:Eastern Book Company & Ors vs D.B. Modak & Anr.pdf/37

http://JUDIS.NIC.IN exceptions to them which are listed in Section 52. 12. We are mainly concerned for the purpose of these appeals with Sections 2 [clauses (k), (o), (y)], 13(1), 14(1)(a), 17, proviso (d) and 52(1)(q)(iv) of the Copyright Act, 1957. The relevant provisions of these Sections are as under: “2. Interpretation.- In this Act, unless the context otherwise requires, -

xxx xxx  xxx (k) "Government work" means a work which is made or published by or under the direction or control of - (i) the Government or any department of the Government; (ii) any Legislature in India; (iii) any Court, Tribunal or other judicial authority in India;”

xxx xxx  xxx “(o) "literary work" includes computer programmes, tables and compilations including computer databases;”

xxx xxx  xxx (y) "work" means any of the following works, namely:- (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) a sound recording;”

xxx xxx  xxx “13. Works in which copyright subsists. - (1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say, - (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recording, (2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41, apply, unless-

(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;

(ii) in the case of an unpublished work other than a work of architecture, the author is at the date of the making of the work a citizen of India or domiciled in India; and

(iii) in the case of a work of architecture, the work is located in India.

Explanation.- In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.